PREM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This Regular Second Appeal No. 897 of 1963 is directed against the concurrent decrees of the two Courts below, whereby the plaintiff's suit was dismissed. The material facts are as follows :-

(2.) Prem Singh plaintiff was enlisted in the Punjab Police as a Constable on 28th May, 1947. On 23rd April, 1957, he was duly promoted as Head Constable against a permanent vacancy. In 1953, he went on one day's casual leave to his village, Mani Majra. On that day, a case under Section 447/325/34, Indian Penal Code, was registered against him with the Police. He was prosecuted and convicted by the trial Magistrate at Rupar, on 13th December, 1960. Prior to this, he was suspended from service by the Superintendent of Police, Ambala, by an order, dated 27th August, 1959, with effect from 26th August, 1959. After his conviction, the Superintendent of Police, Ambala, by his order, dated 20th December, 1960, dismissed the plaintiff from service with effect from 13th December, 1960, viz. the date of his conviction by the trial Court. The convict-appellant preferred an appeal against his conviction to the Sessions Judge, who by an order, dated 6th April, 1961, accepted the appeal and acquitted the plaintiff of all the charges. In the result, the Superintendent of Police, Ambala, by an order, dated 25th May, 1961, reinstated the plaintiff in service, and further directed that the period of dismissal be treated as leave of the kind due to the plaintiff. By the same order, it was held that the plaintiff would not be entitled to more than half of his pay during the period of suspension from 26th August, 1959 to 12th December, 1960. By he same order, the plaintiff's salary on reinstatement was fixed at Rs. 69/- per month, i.e., less than Rs. 75/- per month, to which he would have been entitled, had there been no suspension and dismissal. Against that order of the Superintendent of Police, the plaintiff appealed on the administrative side to the Deputy Inspector-General of Police, Ambala, who by an order, dated 22nd August, 1961, dismissed that appeal. Further revision-petition filed by the plaintiff on 28th September, 1961, was withheld by the Superintendent of Police, Ambala.

(3.) On 15th March, 1962, the plaintiff instituted the suit in the Court of Subordinate Judge Second Class, Ambala, for a declaration that the order, dated 25th May, 1961, of the Superintendent of Police, Ambala, was ultra vires, illegal, and null and void in so far as it disallowed the petitioner the grant of annual increments for the years 1959 and 1960, and forfeited half of his pay and allowances for the period of his suspension. The impugned order was attacked on a number of grounds, which are enumerated in paragraph 9 of the plaint as follows :-